Flood Basics still causing pain for some
How Florida Zoning Regulations Can Encourage Development and Climate Change Resiliency
Condo Water Invasion: Potential Medical Liability?
As previously described in a Jan. 12, 2024 legal alert and a July 12, 2024 legal alert, the New York State Department of Environmental Conservation (DEC) promulgated amendments to freshwater wetlands regulations, changing 6...more
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far that duty to maintain may stretch...more
The continuing resolution passed by Congress late last week provides for an extension of the National Flood Insurance Program (NFIP) until March 14, 2025. ...more
Flooding/Continuous Tort: Louisiana Court of Appeals Addresses Prescription Issue - The Court of Appeals of Louisiana (4th Circuit) (“Court”) addressed in a December 17th Opinion an issue arising out of a property owner’s...more
The National Flood Insurance Program’s authorization to write new policies will expire December 20, unless Congress acts to extend it....more
The Southern Environmental Law Center (“SELC”) filed a December 9th Complaint for Injunctive Relief (“Complaint”) in the Circuit Court of Limestone County, Alabama on behalf of: New Beginnings Covenant Ministries. The...more
Following Hurricanes Helene and Milton, impacted homeowners have received correspondence from their local building officials notifying the homeowners that their property is affected by the 50% Rule. Sometimes these are...more
Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more
If you don’t recall, NAFSMA is the National Association of Flood and Stormwater Management Agencies, and I am attending NAFSMA’s 46th annual conference in Colorado Springs, Colorado....more
As Hurricane Helene survivors mark one month since the storm hit, and long-term recovery continues in Western North Carolina, this client alert addresses financial resources for businesses. ...more
It’s “what?” you might ask. NAFSMA, the National Association of Flood and Stormwater Management Agencies, was formed 46 years ago as a place where public agencies in the flood and stormwater space could come together, learn...more
Legislators returned to Raleigh on Thursday and unanimously passed a second Disaster Recovery bill (S 743). The bill appropriates $644 million and makes various policy changes to facilitate storm recovery. Gov. Roy Cooper is...more
Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with...more
The ever-increasing cost of disasters and Congress' reliance on 11th-hour continuing resolutions (CRs) often result in a storm of questions regarding disaster appropriations. This disaster recovery brief explains some of the...more
The House and Senate on September 25, 2024 passed legislation that would extend key parts of the National Flood Insurance Program (NFIP) until December 20, 2024. The extension is included in H.R. 9747, which also would...more
As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a...more
Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in areas prone to flood damage. FEMA oversees the program and writes the terms of the Standard Flood Insurance...more
Catastrophic events (CAT) include hurricanes, floods, landslides, tsunamis, volcanic eruptions, earthquakes, tornados, and wildfires (See Figures 1-4 below). “CAT season” is the phrase experts commonly use to describe the...more
The National Flood Insurance Program’s authorization to issue new flood insurance contracts will expire on Sept. 30 unless Congress votes to extend it. Congress has been unable to enact a long-term extension of parts of the...more
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See Bruneau v. Midland County, et al., No. 23-1761. ...more
This podcast discusses flood regulations for institutions lending money on properties. While there are many federal laws, some key ones being the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of...more
Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously...more
The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
Recently, HUD announced a final rule to implement the Federal Flood Risk Management Standard to “protect communities from flood risk, heavy storms, increased frequency of severe weather events and disasters, changes in...more
I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with...more